tag:www.scardinalaw.com,2013-03-21:/blog/637102018-05-09T19:10:34ZMovable Type Enterprisetag:www.scardinalaw.com,2018:/blog//63710.32616592018-05-13T18:45:00Z2018-05-09T19:10:34Z
Strong marriages are based on love, physical attraction, shared values, and emotional and intellectual compatibility, among other things. These are the marriages that are more likely to stand the test of time. However, some people get married not because they have found this sort of relationship, but for different reasons altogether. Over time, those reasons may prove to be wrong and ultimately spell the end of the marriage.]]>
What Are The Wrong Reasons For Getting Married?

Agreeing to marry someone because of shared religious or other beliefs.

Agreeing to marry someone for financial security.

Agreeing to marry someone because you believe you are running out of time and want to have children.

Of course, there is not necessarily anything wrong with any of the above. Unfortunately, if they are the sole reasons for agreeing to marry someone and other factors such as love and physical attraction are not there, the marriage may become strained.

Reasons For Getting Married Vs. Reasons For Staying Married

As the article points out, schools do not teach people how to be in relationships, how to weigh various factors before deciding to get married. What may seem like the right thing to do at one point may prove to be a mistake over time.

However, many people continue to stay in unhappy marriages, using the exact same reasons they used when they chose to get married in the first place. Often, they do this out of fear of the challenges of the divorce process. For many though, divorce can be a path to end a marriage built on the wrong reasons and move forward into a life they can be happy with.

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tag:www.scardinalaw.com,2018:/blog//63710.32431402018-04-28T16:47:00Z2018-04-24T15:10:35Z
Currently, the same rules apply to bicycles that apply to cars. Like cars, bikes must stop at stop signs and red lights. However, the reality is that bikes are dramatically different than cars. What is safe for one may not be safe for the other.

That is the idea behind the bicycle “safety stop” bill, which recently passed the state House and Senate, and is expected to be signed into law by the governor.

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What The Bicycle 'Safety Stop' Bill Allows

According to an article from Streets Blog Denver, the bill will essentially allow bicyclists to do legally what many of them already do to stay safe: move through stop signs as if they were yield signs and treat red lights like stop signs.

Bicyclists argue that this is safer than arbitrarily coming to a complete stop at intersections. As the article points out, when bike riders move ahead of cars at intersections, they become more visible to drivers and less at risk of getting hit by turning cars. The goal is to prevent bicyclists from being hit by cars.

Once the governor signs the bill into law, the next step will be for the Denver City Council to institute it locally.

Even if this takes place, bike riders know that they face serious threats on the road. Drivers of motor vehicles tend not to watch for them, and this can lead to serious bicycle crashes. Victims of these crashes have the right to pursue compensation.

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tag:www.scardinalaw.com,2018:/blog//63710.32215742018-04-15T19:51:00Z2018-04-11T20:10:34Z
The family home is a valuable asset. As part of a divorce, it will be subject to division. Ultimately, it may go to one spouse or it may be sold and the proceeds will be divided. However, reaching that point takes time. Until then, there is a more pressing matter that will need to be addressed: who gets to stay in the home while the divorce is in progress?

This is where temporary orders come into play.

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How Temporary Orders Work

After filing for divorce, you may then file a motion for temporary orders. Temporary orders, also referred to as interim orders, can determine who stays in the family home while the divorce is pending.

Temporary orders can also address other important issues, such as temporary parenting time, child support and spousal support. They can also be used to stop one spouse from selling assets (including the house) or spending money that will be subject to property division.

It is possible for both spouses to remain in the family home, if they are amicable and agree to do so. It is also possible for spouses to alternate time spent in the family home. However, temporary orders can state that one spouse will remain in the home for the duration of the divorce while the other must move out.

Temporary Orders Do Not Determine The Final Division Of Property

One thing that is important to know is that the final outcome in terms of property division is not dictated by temporary orders. The family home will still be subject to division in a fair and equitable manner. Just because one spouse moved out of the house during the divorce does not preclude that spouse from possibly getting the house as part of the divorce in order to move back in later.

While these orders are temporary, care should be used to pursue the arrangements that make the most sense for you and for the children.

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tag:www.scardinalaw.com,2018:/blog//63710.32045242018-04-04T18:55:00Z2018-03-30T18:56:02Z
You purchased your homeowners insurance policy with the understanding that your insurance company would act in good faith in the event that something happened. Now, the time has come for you to put your policy to use and you find that the insurance company has delayed, underpaid or flat-out denied your claim. Your insurer seems to have no interest in fulfilling its obligations to you. What do you do now?

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Insurance Companies Must Act In Good Faith

By law, insurance companies are required to act in good faith to fulfill their obligations to you. When an insurance company purposefully finds a way to avoid investigating or paying your claim, it may be acting in bad faith. Victims of insurance bad faith have the right to take action against the insurer. However, identifying bad faith is not always easy.

Signs Of Insurance Company Bad Faith

Insurance companies tend to make it look like they are following the terms of the homeowners insurance policy. When denying your claim, your insurer may tell you that the event is simply not covered for some reason. It may tell you that the underpayment is because the damages exceed your policy limits. It will make it sound as if it is doing exactly what it agreed to do in your policy.

In reality, the insurance company may be acting in bad faith if it fails to respond to your claim in a timely manner, refuses to investigate your claim, underpays your claim, denies your claim completely or refuses to explain why it is delaying, underpaying or denying your claim. In other words, if anything seems like it does not make sense based on your understanding of your homeowners insurance policy, you should dig deeper and determine whether you are the victim of insurance company bad faith.

If your home has been damaged or you have any other type of home insurance claim, you have the right to expect that your insurer will fulfill the promises it made to you when you signed up for your policy.

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tag:www.scardinalaw.com,2018:/blog//63710.31768042018-03-16T17:09:00Z2018-03-12T17:30:33Z
For most divorcing couples, the family home will be the most valuable asset that needs to be dealt with. Not surprisingly, it is also one of the most common sources of property division disputes. This is not only because of the house's value, but because of what it represents. There may be many happy memories stored in those walls.

When determining what to do with the family home, it can be important to consider all options and to understand how property division works in Colorado.

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Colorado Is An Equitable Distribution State

As an equitable distribution state, marital assets are to be divided in a manner that is fair and equitable. That could mean a 50-50 split, but it does not necessarily have to be.

It is also worth keeping in mind that only marital assets are subject to property division in a divorce. Typically, a family home will be a marital asset. However, in some cases, the home may have been purchased prior to the marriage, meaning that a portion of the home's value may be considered separate property and that portion may not subject to division. This could impact how the home is divided.

Potential Outcomes For The Family Home

In most cases, there are two potential outcomes: either one spouse will keep the home or the home will be sold. Other outcomes could possibly be reached through an agreement, such as a nesting arrangement in which children stay in the family home and parents rotate in and out, but these are relatively rare.

When one spouse keeps the family house, the other may be compensated by receiving a larger amount of other marital property. For example, the spouse who does not keep the house may get more money from a shared savings account.

When the family house is sold, the proceeds from the sale may be divided between the spouses. As mentioned, since Colorado is an equitable division state, the proceeds may not be divided 50-50 between spouses. One spouse may get a larger percentage of the proceeds than the other, if that is what is determined to be fair.

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tag:www.scardinalaw.com,2018:/blog//63710.31627052018-03-07T17:19:00Z2018-03-01T16:40:36Z
Despite laws in place to deter people from getting behind the wheel while intoxicated, drunk driving is still one of the leading causes of car accidents in Colorado. A recent case involving a death caused by a repeat DUI offender has led one prosecutor to ask whether the state's laws are strong enough to do what they were intended to do.]]>
Should A Repeat DUI Offender Who Kills Another Driver Go Free?

According to an article from the Denver Post, a driver with a history of DUI convictions was sentenced to a mere 180 days in jail and 4 years of probation after causing a car accident that led to the death of another driver. Even two hours after the accident, the accused's blood alcohol level was .118, substantially higher than Colorado's .08 limit. To make matters worse, the accused left the scene of the accident.

The accused drunk driver was originally sentenced to six years in prison. However, the accused appealed the decision and will now remain out of prison, serving only the short jail sentence and probation. The prosecuting attorney has stated that this is proof that Colorado's DUI laws are weak.

Drivers Need To Be Diligent

Regardless of the laws in place, drivers will always need to be diligent and on the watch for intoxicated drivers. After a drunk driving accident, victims should be aware that they can seek justice and compensation through a personal injury claim.

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tag:www.scardinalaw.com,2018:/blog//63710.31408002018-02-18T18:10:00Z2018-02-14T16:30:34Z
In a child custody dispute, it is only natural to want to protect your relationship with your child. You want to ensure that you have as much time as possible with your child going forward. You may even want to have sole custody and not allow the other parent to spend any time with your child. However, this is very rarely allowed in Colorado.]]>
Sole Custody Does Not Exist Under Colorado Law

Technically, the term "child custody" does not exist under Colorado law, nor does the term "sole custody." What other states refer to as child custody is called parental responsibilities in Colorado.

Except in cases involving domestic abuse or other extenuating circumstances, the law is designed to keep both parents involved in the child's upbringing. More often than not, courts will order shared decision-making responsibilities for parents, meaning that both parents must work together to make decisions related to education, healthcare and more. Similarly, courts are likely to order that both parents be allowed to spend time with the child.

Primary Parental Responsibilities Vs. Sole Custody

With all of the terminology, it is not uncommon for parents to misunderstand sole custody as referring to who the child lives with. In Colorado, it certainly is possible for the child to reside primarily with one parent. This means that the child will live with that parent most of the time. The other parent would then likely be granted a certain amount of parenting time, also referred to as "visitation" in other states. The amount of parenting time can vary dramatically based on the situation.

While fighting for sole custody or its Colorado law equivalent may not be possible except in rare cases, a parent may want to fight to be the primary residential parent. Ultimately, the approach to your case must involve a careful examination of a wide variety of factors to ensure that you are doing what is best for your child.

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tag:www.scardinalaw.com,2018:/blog//63710.31168952018-02-03T19:41:00Z2018-01-30T20:00:33Z
After suffering an injury in a car accident, people with health insurance often feel lucky that their policy will cover their medical bills. Unfortunately, they often discover that the insurance policy they thought would protect them falls short of addressing all the costs.]]>
Deductible, Copay And Coinsurance

For most people, insurance is not going to cover all medical bills. First of all, there is the deductible that the policyholder has to meet. This could be as high as $5,000 or more, depending on the policy. There may be a copay, a set amount that the policyholder has to pay for doctor visits and other services or prescriptions. There may be coinsurance as well. For example, in an 80/20 insurance policy, the policyholder would have to pay 20 percent of all medical expenses, up until an out-of-pocket maximum is reached.

Not surprisingly, with the high cost of treatment for the types of injuries suffered in car wrecks, these costs can end up being quite high for the victim.

Lost Wages And Other Expenses

Of course, for most people who are injured in a car crash, the costs extend beyond the medical bills. A person may miss many hours of work due to the injuries and lose out on wages. The injuries may even be severe enough that they are not able to return to their previous job. Then there are the noneconomic costs, like pain and suffering.

Are There Any Other Options?

If a car accident was caused by another driver's negligence, the victim may not have to rely solely on their health insurance to cover their expenses. They may be able to file a personal injury claim and seek compensation for all of their expenses from the negligent driver's insurance company. In these cases, the victim's health insurer may cover medical costs initially, but through the car accident claim he or she can pursue compensation for all medical bills, lost wages and even the pain and suffering incurred.

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tag:www.scardinalaw.com,2018:/blog//63710.30882182018-01-18T17:12:00Z2018-01-12T17:30:33Z
When a child is born to an unmarried couple, or when parents get a divorce or separate, child support is likely to become an issue.

While many aspects of family law in Colorado are complex, determining child support payments is relatively straightforward. This is thanks to clear guidelines set by the Colorado Legislature. Understanding the guidelines will give you an indication of how much child support you may have to pay or how much child support you may receive.

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The Factors That Determine Child Support Payments

According to the Colorado Department of Human Services, the primary factor used to calculate child support payments is the gross monthly income of each spouse and general information about what intact families spend on raising a child.

Other factors include:

Number of overnights with each parent

Childcare costs

Medical costs

When Deviation From The Guidelines Is Appropriate

The child support guidelines are intended to work in most situations. However, there may be situations in which deviation from the guidelines is appropriate.

The CDHS gives the example of a low-income adjustment when the paying spouse's gross income is between $900 and $1,900 a month. Furthermore, deviation may be appropriate when one parent earns a particularly high income.

Other reasons for deviation may include children with special needs.

Is It As Simple As It Seems?

While child support guidelines may be clear, there is much more to ensuring fair payments than simply following the guidelines. The numbers used to calculate child support payments must be accurate.

If the wrong amount of gross monthly income is used, for example, the calculation will be off. This may seem unlikely, but for some people, gross monthly income is not as clear as it is for others. When one or both parents work multiple jobs, are self-employed or have investment income, it becomes much more important to ensure that the numbers are right and nothing is overlooked. This is where it can be particularly beneficial to work with an experienced family law attorney.

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tag:www.scardinalaw.com,2018:/blog//63710.30585912018-01-07T18:02:00Z2018-01-03T16:20:33Z
Working for a living is part of life, and often the size of a person's paycheck does not correlate to exactly how hard they have worked or the level of dedication they bring to the job. This is true not only because many people do not earn a fair live-able wage for their work, but because they are often shortchanged in receiving the wages they earned.]]>
Wage Theft Is Costing Billions

Few people can wrap their head around how much money billions of dollars really is. This is especially true when it comes to lower wage workers. By the time they are handed their paycheck, they have often mentally spent just about every penny, and many are unlikely to question the amount of their check because they need the money right away.

Unfortunately, employers who pay low wages are well aware of this, and many try to get away with paying workers even less. In fact, according to a report from CBS News, two popular fast food places have had a vast majority of their employers report wage theft.

Some do not earn a wage in line with the minimum wage in their state. Others lose out on money because they are asked to work off the clock or because they are not paid overtime wages when they work more than 40 hours each week.

Attempts to count these lost wages have been made in 39 states, and a loss of $2 billion was confirmed, but due to under-reporting it is estimated that $50 billion would be a more accurate figure. This places undue financial strain on many individuals and families. However, concerns do not end there. Since these workers are likely to spend all of their paycheck, when there is money missing it means there is less money being spent and stimulating the economy. Wage theft may be having a widespread impact.

What To Do If You've Experienced Wage Theft

If you are experiencing or have experienced wage theft, there are several paths to justice to consider. While some attempt to find justice through filing a complaint with the Department of Labor or the state attorney general, you may benefit from filing a claim for unpaid wages with the help of an experienced lawyer. You may be able to seek compensation above and beyond what you are owed.

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tag:www.scardinalaw.com,2017:/blog//63710.30332322017-12-29T17:48:00Z2017-12-22T16:10:33Z
Technology is always making things easier for people. After the success of his popular chatbot DoNotPay, one entrepreneur is trying to make it easier for people to take care of legal issues by introducing bots to help with legal paperwork. While it might sound simple enough to get a bot's assistance with a parking ticket, what about something as complicated as divorce, which could affect someone's entire future? ]]>
Just Because It Can Handle Parking Tickets Does Not Make It Suitable For Handling Divorces

While there's no such divorce bot yet, the founder of DoNotPay, Joshua Browder, does want to build toward that going forward. Browder envisions a future where spouses can handle complex legal issues such as divorce and bankruptcy using the bot. To support his progress, IBM offered free use of Watson technology, the question and answer technology that made headlines when it bested human competitors on the game show Jeopardy.

DoNotPay has saved its users over $9.3 million in parking fees by offering a simple AI solution for a common problem. While the app is free to use, TechCrunch notes that eventual plans call for app monetization through sponsorships. For instance, a local car dealer might sponsor usage as an advertisement campaign. While a divorce lawyer could sponsor app usage to promote their family law firm, there is no substitute for personalized counsel from a lawyer who understands state law and parses the specific nuances of your unique situation.

While the impulse is admirable, divorce is not a clearcut issue of determining who's at fault. There are two individuals -- if not others, when minor children are taken into account -- whose needs and wants are at the heart of the matter. Dissolution of marriage is often messy and emotional. It requires personal solutions in the best interest of all parties. As such, there is no way that a chatbot, even powered by Watson technology, could act as an advocate to divorcing couples.

If you are getting divorced or even thinking about it, there is no substitute for getting personalized guidance from a real family law attorney. When it comes to something as serious as your future, work with a traditional human attorney to set the stage for a future you can enjoy.

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tag:www.scardinalaw.com,2017:/blog//63710.30109272017-12-16T17:55:00Z2017-12-12T16:20:41Z
Here's how homeowners insurance policies are supposed to work: The homeowner pays the premiums for the agreed-upon coverage. If a covered event occurs and the home is damaged, the insurance company pays out. After the matter is resolved, the homeowner continues to pay premiums and the insurer continues to provide coverage.

Unfortunately, a study from Rutgers University and United Policyholders has found serious problems with the last part of this equation, and it may be deterring homeowners from filing legitimate claims that should be covered by their policies.

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Use It And Lose It

As reported by CBS News Moneywatch, the study found that homeowners who file claims for fire damage, storm damage or a similarly covered disaster may not be able to get their policies renewed the following year. The insurance company may drop them.

To make matters worse, the study found indication of collusion between insurance companies. They share information with each other, including claim information. When one insurance company drops a homeowner after filing a claim, the homeowner may find that other insurance companies are not willing to offer affordable coverage.

The study questions whether this is an intentional attempt at intimidation of policyholders. Do they want policy holders to be afraid of losing coverage if they file a claim? Do they hope this prevents legitimate claims?

Despite the report, another consumer group, the Consumer Federation of America, states that the risk of being dropped after filing a homeowners insurance claim is low. However, they do warn that increased premiums is a real risk.

Ultimately, homeowners need to proceed with care when filing a property damage claim. They should be aware that they have rights, including the right to file legitimate claims. That is what insurance is for. When claims are denied or insurers act unfairly, homeowners have the right to take action and push back.

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tag:www.scardinalaw.com,2017:/blog//63710.29408762017-11-23T18:02:00Z2017-11-15T17:20:34Z
When going into a divorce, many people believe that marital property will simply be divided in half between the two spouses. While a 50-50 division of property may be fair in some situations, that is not always the case. They key word here is "fair."

Colorado is one of 39 equitable distribution states, as opposed to a community property state where a 50-50 division of assets may be mandated by law. Here, marital property is to be divided in a fair and equitable manner. That does not necessarily mean 50-50.

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What Factors Influence Division Of Property?

If division of marital property is not set at an even 50-50, how is it divided? The answer can vary depending on the situation. Perhaps it is more fair for one spouse to get 55 percent of the property, or even 60 percent.

One of the main factors that influence division of property is the individual economic circumstances of each spouse. What is each spouse's income and earning capacity? If one spouse has a solid income, while the other is just entering the workforce after staying home to raise the children, that could lead to an uneven, but fair, split.

Separate property is also taken into consideration. Property owned prior to the marriage, for example, is separate property and not subject to division. However, it might influence the division of marital property. If one spouse has substantial separate property and the other does not, a 50-50 division of marital property may not make sense.

When it comes to achieving a fair property division, it is important to carefully analyze all factors before reaching an agreement or before taking the case in front of a judge.

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tag:www.scardinalaw.com,2017:/blog//63710.28780312017-11-01T17:05:00Z2017-10-26T16:30:33Z
This is supposed to be a simple process. Somebody hit you. Perhaps they were intoxicated, looking at their smartphone or just speeding. Whatever the case may be, it was their fault, and you suffered an injury because of it. Rightfully, you should not be on the hook for the associated medical bills, lost wages and other costs. The negligent party's insurance should cover that. After all, isn't that what auto insurance is for?

Unfortunately, car crash victims are often quick to learn that getting fair compensation is not as simple as the insurance company handing over a settlement. Claims are frequently denied or delayed without explanation. Sometimes, a settlement offer comes in, but it is not enough even to cover medical expenses, let alone other costs.

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Insurance Companies Have Been Doing This For Decades

This year marks the 10-year anniversary of a CNN report that drew attention to the hardball tactics used by State Farm, Allstate and other car insurance providers. Particularly in cases involving minor injuries, insurers were shown to be extremely aggressive with their denials. Former insurance company employees went on record saying they had been encouraged to process claims fast and for as little money as possible, even going so far as to make $50 take-it-or-leave-it settlement offers to people who had been hurt in car wrecks.

So what has changed in the decade since this CNN report?

Unfortunately, there is not much evidence that insurance companies have made any dramatic changes. These businesses still seem to be doing their best to increase their profit margins by minimizing what they pay out in claims, often resorting to unfair tactics to get car crash victims to accept insufficient compensation.

Where does this leave victims? Those who have been hurt because of another driver's negligence should be aware that they may be in for an uphill battle. However, as costly as medical care can be, it's a battle worth fighting.

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tag:www.scardinalaw.com,2017:/blog//63710.28520052017-10-27T17:24:00Z2017-10-23T15:40:34Z
Victims of abusive spouses often find that getting away from the abuser and out of the marriage is only the first step. Because financial control is a hallmark of domestic abuse, victims may be left in financial turmoil and facing serious tax consequences. Thankfully, victims of domestic violence have special rights when it comes to taxes.]]>
Tax Tips From The IRS

According to the IRS, taxpayers have the right to expect the IRS to review the unique circumstances of each case and take them into consideration.

Victims should be aware that they have the right to review a joint return, the right to look at supporting documents and the right to refuse to sign the return. Even if still married to the abuser, the victim has the right to file a separate return.

Unfortunately, these are not easy to do for someone trapped in an abusive marriage. For those unable to exercise these rights while in the abusive marriage, there is an important option called innocent spouse relief. This may be used to gain relief from tax debt that was the result of the abusive spouse's mismanagement of money.

Property Division, Alimony And Other Financial Matters In Divorce

In addition to relief offered through the IRS, domestic violence victims may be able to secure their future financial well-being through the property division process of a divorce. Debt can be allocated in this process as well. Neither assets nor debts need to be divided equally. The law calls for them to be divided fairly, and the history of domestic violence may play a role in determining what outcome is truly fair. The victim may also be eligible for alimony, or spousal maintenance, in some circumstances.